Harmony or Heritage? The Legal Battle over Tansen’s Resting Place

Why in the News?

1. A legal battle concerning access to the tomb of Hazrat Sheikh Muhammad Ghaus in Gwalior, also the burial site of famed musician Tansen, has drawn national attention.
2. The Madhya Pradesh High Court, in June 2025, dismissed a petition seeking permission to perform religious and cultural activities at the site.
3. The site is protected under the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, 1958, and managed by the Archaeological Survey of India (ASI).

Background

1. The matter about the petitioner and his family having any legal right or title to the tomb have been integrated and dealt with by the courts multiple times.
2. The court has maintained its stance that the petitioner doesn't have any legal right.
3. Even the ASI and Government of India have consistently maintained that the matter had attained finality in law.
4. Timeline:

Year	Case in Court
1995	Syed Ali Hasan filed a civil suit in court, seeking the ownership of the tomb. After the court dismissed this case, his children filed the First Appeal.
1996	Ali Hasan’s son, Syed Muhammad Hasan, filed a separate civil suit, which was dismissed in 1999. A civil revision petition was filed against that ruling which was dismissed in 2002.
2004	The First Appeal which was filed by Ali HAsan’s children was dismissed in 2004 by a detailed judicial order.
2015	Syed Muhammad Hasan’s second appeal was rejected. A review petition was filed with the Supreme Court which was dismissed in 2016.
2019	Syed Sabla Hasan filed a case before MP Waqf Tribunal to get religious control and ownership of the tomb. In 2022, this plea was rejected.

5. About Tansen’s Tomb
   1. Location: Situated in Gwalior, Madhya Pradesh, within the complex of Hazrat Sheikh Muhammad Ghaus’s tomb.
   2. Historical Significance: Tansen, one of Emperor Akbar’s ‘Navratnas’, is buried here. The site reflects the intermingling of music, Sufism, and Mughal history.
   3. Architectural features of the tomb:
      1. The tomb has a square shape with a big, wide dome on top.
      2. It is surrounded by small domed structures called chhatris, common in North Indian design.
      3. A verandah (corridor) goes all around the tomb’s main chamber.
      4. The walls have beautiful stone screens (jalis) carved with patterns, allowing light and air to flow inside.
      5. The design shows influence from Gujarat, where Hazrat Muhammad Ghaus spent part of his life.

About Tansen Tansen, also known as Mian Tansen, was a legendary figure in Indian classical music, especially in the Hindustani tradition. He was one of the celebrated Navaratnas (nine gems) in the court of Mughal Emperor Akbar. A gifted composer, vocalist, and instrumentalist, Tansen is best known for his Dhrupad compositions and for popularizing the rabab. He is credited with creating famous ragas like Miyan ki Malhar and Miyan ki Todi, and had a lasting impact on various gharanas (musical lineages) of Indian classical music.

Key Highlights

1. Syed Sabla Hasan’s stance
   1. He had filed a plea in High Court claiming to be the Sajjda Nashin (spiritual caretaker) of the tomb as well as the saint's legal heir.
   2. He wanted permission to perform religious and cultural practices at the tomb including the annual Urs (annual Sufi festival marking the saint’s death anniversary).
   3. He argued that these practices were carried out for more than four centuries at the site.
   4. He said that restrictions applied on them are unlawful and arbitrary.
2. ASI’s report
   1. The claims made by the petitioner are false and it interferes with the protection of the monument.
   2. ASI told the court that unlawful activities were being carried out at the tomb and nails were being hammered on the walls.
   3. This hampered tourism and affected the structural integrity, and cultural and archeological dignity of the monument.
3. The court agreed with the views of the ASI as it is a Centrally Protected Monument and rejected the plea of Syed Sabla Hasan.

Archaeological Survey of India (ASI) The Archaeological Survey of India (ASI) was originally founded in 1861 by Alexander Cunningham. After India’s independence, it was reconstituted as a statutory body under the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, 1958. The ASI is the primary organization responsible for archaeological research as well as the preservation and conservation of India’s cultural and historical monuments. Its key functions include: Surveying and documenting ancient remains Exploring and excavating archaeological sites Conserving and maintaining centrally protected monuments and heritage structures

Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, 1958

1. The AMASR Act, 1958 is a key legislation aimed at the protection and preservation of India’s ancient monuments and archaeological sites.
2. It defines an "ancient monument" as any structure, building, cave, sculpture, inscription, or monolith of historical, archaeological, or artistic significance.
3. The Act covers all such monuments that are over 100 years old, regardless of whether they are under public or private ownership.
4. Under the Act:
   1. Construction or alteration in the vicinity of a protected monument is strictly regulated.
   2. A 100-metre zone around a protected monument is considered a prohibited area, where no construction is allowed without prior approval.
   3. An additional regulated area of 200 metres beyond the prohibited zone allows limited activities, subject to permissions.
5. The National Monuments Authority (NMA) is the statutory body responsible for enforcing the Act. It evaluates proposals and grants permissions for any developmental activity within the protected or regulated zones.
6. The Act also applies to Centrally Protected Monuments, which are monuments and sites declared to be of national importance by the Archaeological Survey of India (ASI).
7. These monuments receive protection and maintenance directly from the central government under the provisions of the AMASR Act.

Challenges and Way Forward

Challenges	Way Forward
Contestation between cultural rights and conservation mandates	Clearer guidelines on rituals at syncretic heritage sites
Risk of communalizing heritage issues	Maintain secular, heritage-first narratives in monument protection
Repeated litigation on settled matters	Judicial restraint and consistent application of heritage laws

Conclusion

The Tansen tomb dispute underscores the delicate balance between spiritual heritage and secular governance. The judiciary’s stand affirms that national monuments serve as shared legacies, not sites for exclusive ritual ownership. Safeguarding them requires strict adherence to heritage laws and a commitment to inclusive cultural respect.

Ensure IAS Mains Question Q. The legal dispute over Tansen’s tomb reflects the intersection of cultural heritage and religious rights. Discuss the constitutional and statutory framework governing such heritage sites in India, and suggest measures to ensure balanced preservation. (250 words)

 

Ensure IAS Prelims Question Q. Which of the following features are associated with Indo-Islamic architecture as seen in Tansen’s tomb? Use of chhatris (domed kiosks) Stone jali work Absence of domes Verandahs around the main chamber Select the correct answer using the code below: 1, 2 and 4 only 1 and 3 only 2 and 3 only 1, 2, 3 and 4 Answer: a Explanation Statement 1 is correct: Chhatris are small domed structures, common in North Indian Indo-Islamic tomb architecture, and Tansen’s tomb includes them. Statement 2 is correct: The intricately carved stone screens, called jalis, are a signature feature of Indo-Islamic design. Stone Jali work allows for airflow and light while maintaining privacy. Statement 3 is incorrect: Tansen’s tomb has a large, wide dome, which indicates the presence of domes. Statement 4 is correct: A corridor-like verandah surrounds the tomb’s central chamber, reflecting regional design influence and functional aesthetics.

 

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